Section 214-233 of the Nigerian Criminal Code Act
Table of Contents
ToggleSection 214-233 of the Nigerian Criminal Code Act is under Chapter 21 (Offences against Morality) of the Act.
Section 214 of the Nigerian Code Act
Unnatural offences
Any person who‐
(1) has carnal knowledge of any person against the order of nature; or
(2) has carnal knowledge of an animal; or
(3) permits a male person to have carnal knowledge of him or her against the order of nature,
is guilty of a felony and is liable to imprisonment for fourteen years.
Section 215 of the Nigerian Code Act
Attempt to commit unnatural offences
Any person who attempts to commit any of the offences defined in section 214 of this Code, is guilty of
a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.
Section 216 of the Nigerian Code Act
Indecent treatment of boys under fourteen
Any person who unlawfully and indecently deals with a boy under the age of fourteen years, is guilty of
a felony and is liable to imprisonment for seven years.
The term “deal with” includes doing any act which, if done without consent, would constitute an assault
as hereinafter defined.
Section 217 of the Nigerian Code Act
Indecent practices between males
Any male person who, whether in public or private, commits any act of gross indecency with another
male person, or procures another male person to commit any act of gross indecency with him, or
attempts to procure the commission of any such act by any male person with himself or with another
male person, whether in public or private, is guilty of a felony and is liable to imprisonment for three
years.
The offender cannot be arrested without warrant.
Section 218 of the Nigerian Code Act
Defilement of girls under thirteen
Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a
felony and is liable to imprisonment for life, with or without caning.
[30 of 1960.]
Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years is
guilty of a felony and is liable to imprisonment for fourteen years, with or without caning.
A prosecution for either of the offences defined in this section of this Code shall be begun within two
months after the offence is committed.
A person cannot be convicted of either of the offences defined in this section of this Code upon the
uncorroborated testimony of one witness.
Section 219 of the Nigerian Code Act
Householder permitting defilement of young girls on his premises
Any person who, being the owner or occupier of any premises, or having, or acting, or assisting in the
management or control of any premises, induces or knowingly permits any girl of such age as is in this
section of this Code mentioned to resort to or be in or upon such premises for the purpose of being
unlawfully carnally known by any man, whether a particular man or not, is guilty of an offence.
If the girl is of or above thirteen and under sixteen years of age, he is guilty of a misdemeanour
and is liable to imprisonment for two years, with or without caning.
If the girl is under the age of thirteen years, he is guilty of felony, and is liable to imprisonment for life,
without caning.
Section 220 of the Nigerian Code Act
Defence to charge under preceding section
*It is a defence to a charge of any of the offences defined in section 219 of this Code to prove that the
accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.
Section 221 of the Nigerian Code Act
Defilement of girls under sixteen and above thirteen, and of idiots
Any person who‐
(1) has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years
and under sixteen years of age; or
[1960 No. 30.]
(2) knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal
knowledge of her,
is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning.
*It is a defence to a charge of either of the offences firstly defined in this section of this Code to prove
that the accused person believed, on reasonable grounds, that the girl was of or above the age of
sixteen years.
A prosecution for any of the offences defined in this section of this Code shall be begun within two
months after the offence is committed.
A person cannot be convicted of any of the offences defined in this section of this Code upon the
uncorroborated testimony of one witness.
Section 222 of the Nigerian Code Act
Indecent treatment of girls under sixteen
Any person who unlawfully and indecently deals with a girl under the age of sixteen years is guilty of a
misdemeanour, and is liable to imprisonment for two years, with or without caning.
[20 of 1960.]
If the girl is under the age of thirteen years, he is guilty of a felony and is liable to imprisonment for
three years, with or without caning.
*It is a defence to a charge of the offence defined in this section to prove that the accused person
believed, on reasonable grounds, that the girl was of or above the age of sixteen years.
The term “deal with” includes doing any act which, if done without consent, would constitute an assault
as hereinafter defined.
Section 222A of the Nigerian Code Act
Causing or encouraging the seduction or prostitution of a girl under sixteen
(1) Whoever, having the custody, charge or care of a girl under the age of sixteen years, causes
or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an
indecent assault upon, such a girl, shall be liable to imprisonment for two years.
(2) For the purposes of this section, a person shall be deemed to have caused or encouraged the
seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon,
a girl who has been seduced, unlawfully carnally known, or indecently assaulted, or who has become a
prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment
of, any prostitute or person of known immoral character.
Section 222B of the Nigerian Code Act
Allowing person under sixteen to be in brothels
(1) Whoever, having the custody, charge or care of a child or young person who has attained the
age of four years and is under the age of sixteen years, allows that child or young person to reside in or
frequent a brothel, is liable to a fine of one hundred naira or to imprisonment for six months or to both
such fine and imprisonment.
(2) If, upon the trial of a person charged with an offence against section 219 of this Code, the
facts proved in evidence authorise a conviction for an offence against this section of this Code, the
person charged may be convicted of the offence against this section of this Code although he was not
charged with that offence.
Section 222C of the Nigerian Code Act
Restriction on defence of reasonable belief
Notwithstanding anything contained in sections 220, 221 and 222, it shall only be a defence to a charge
of any of the offences defined in sections 219, 221 (1) and 222 of this Code to prove that the accused
person believed, on reasonable grounds, that the girl was of or above the age of sixteen years if the
accused person was under the age of 21 years at the time when the offence is alleged to have been
committed and has not previously been charged with any of such offences.
Section 223 of the Nigerian Code Act
Procuration
Any person who
(1) procures a girl or woman who is under the age of eighteen years to have unlawful carnal
connection with any other person or persons either in Nigeria or elsewhere; or
(2) procures a woman or girl to become a common prostitute either in Nigeria or elsewhere; or
(3) procures a woman or girl to leave Nigeria with intent that she may become an inmate of a
brothel elsewhere; or
(4) procures a woman or girl to leave her usual place of abode in Nigeria, with intent that she
may, for the purposes of prostitution, become an inmate of a brothel either in Nigeria or elsewhere,
is guilty of a misdemeanour and is liable to imprisonment for two years.
A person cannot be convicted of any of the offences defined in this section of this Code upon the
uncorroborated testimony of one witness.
The offender may be arrested without warrant.
Section 224 of the Nigerian Code Act
Procuring defilement of woman by threats or fraud, or administering drugs
Any person who‐
(1) by threats or intimidation of any kind procures a woman or girl, to have unlawful carnal
connection with a man either in Nigeria or elsewhere; or
(2) by any false pretence procures a woman or girl to have unlawful carnal connection with a
man either in Nigeria or elsewhere; or
(3) administers to a woman or girl, or causes a woman or girl, to take, any drug or other thing
with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to
have unlawful carnal knowledge of her,
is guilty of a misdemeanour and is liable to imprisonment for two years.
A person cannot be convicted of any of the offences defined m this section upon the uncorroborated
testimony of one witness.
Section 225 of the Nigerian Code Act
Abduction of girl under eighteen with intent to have carnal knowledge
Any person who, with intent that an unmarried girl under the age of eighteen years may be unlawfully
carnally known by any man, whether a particular man or not, takes her or causes her to be taken out of
the custody or protection of her father or mother, or other person having the lawful care or charge of
her, and against the will of such father or mother or other person, is guilty of a misdemeanour and is
liable to imprisonment for two years.
It is a defence to a charge of any of the offences defined in this section of this Code to prove that the
accused person believed, on reasonable grounds, that the girl was of or above the age of eighteen years.
Section 225A of the Nigerian Code Act
Persons trading in prostitution
(1) Every male person who‐
[30 of 1960.]
(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) in any public place persistently solicits or importunes for immoral purposes,
is liable to imprisonment for two years, and in the case of a second or subsequent conviction, shall, in
addition to any term of imprisonment awarded, be liable to caning.
(2) Any magistrate who is satisfied, by evidence upon oath, that there is reason to suspect that
any premises or any part of any premises are or is used by a female for purposes of prostitution, and
that any male person residing in or frequenting the premises is living wholly or in part of the earnings of
the prostitute, may issue a warrant under his hand authorising any constable to enter and search the
premises and to arrest that male person.
(3) Where a male person is proved to live with or to be habitually in the company of a prostitute
or is proved to have exercised control, direction, or influence over the movements of a prostitute in
such a manner as to show that he is aiding, abetting, or compelling her prostitution with any other
person or generally, he shall, unless he can satisfy the court to the contrary, be deemed to be knowingly
living on the earnings of prostitution.
(4) Every female who is proved to have, for the purposes of gain, exercised control, direction or
influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or
compelling her prostitution with any person or generally, is liable to imprisonment for two years.
Section 225B of the Nigerian Code Act
Keeping a brothel
Whoever‐
(a) keeps or manages or assists in the management of a brothel; or
(b) being the tenant, lessee, or occupier or person in charge of any premises, knowingly
permits such premises or any part thereof to be used as a brothel or for the purposes of
habitual prostitution; or
(c) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets
the same or any part thereof with the knowledge that such premises or some part
thereof are or is to be used as a brothel, or is wilfully a party to the continued use of
such premises or any part thereof as a brothel, is liable‐
(i) to a fine of one hundred naira or to imprisonment for six months; and
(ii) on a second or subsequent conviction, to a fine of three hundred naira or to
imprisonment for one year,
or in either case, to both such fine and imprisonment.
Section 226 of the Nigerian Code Act
Unlawful detention with intent to defile, or in a brothel
Any person who‐
(1) detains a woman or girl against her will in or upon any premises in order to her being
unlawfully carnally known by any man, whether a particular man or not; or
(2) detains a woman or girl against her will in a brothel,
is guilty of a misdemeanour and is liable to imprisonment for two years.
When a woman or girl is in or upon any premises in order to her being unlawfully carnally known by any
man, whether a particular man or not, or is in a brothel, a person is deemed to detain such woman or
girl in or upon such premises in order to her being so unlawfully carnally known or to detain her in such
brothel if, with intent to compel or induce her to remain in or upon the premises or in the brothel, he
withholds from her any wearing apparel or other property belonging to her, or if, after wearing apparel
has been lent or otherwise supplied to the woman or girl by or by the direction of such person or any
other person, he threatens the woman or girl with legal proceedings if she takes away with her the
wearing apparel so lent or supplied.
It is lawful for a woman or girl to take any such wearing apparel as may be necessary to enable her to
leave a brothel or any premises in or upon which she is in order to her being unlawfully carnally known
by any man.
Section 227 of the Nigerian Code Act
Conspiracy to defile
Any person who conspires with another to induce any woman or girl, by means of any false pretence or
other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a
felony, and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.
Section 228 of the Nigerian Code Act
Attempts to procure abortion
Any person who, with intent to procure miscarriage of a woman, whether she is or is not with child,
unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force
of any kind, or uses any other means whatever, is guilty of a felony and is liable to imprisonment for
fourteen years.
Section 229 of the Nigerian Code Act
Attempt to procure own miscarriage
Any woman who, with intent to procure her own miscarriage, whether she is or is not with child,
unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or
uses any other means whatever, or permits any such thing or means to be administered or used to her is
guilty of a felony and is liable to imprisonment for seven years.
Section 230 of the Nigerian Code Act
Supplying drugs or instruments to procure abortion
Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is
intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with
child is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.
Section 231of the Nigerian Code Act
Indecent acts
Any person who‐
(1) wilfully and without lawful excuse does any indecent act in any public place; or
(2) wilfully does any indecent act in any place with intent to insult or offend any person,
is guilty of a misdemeanour and is liable to imprisonment for two years.
Section 232 of the Nigerian Code Act
(Repealed by 1961 No. 51).
Section 233 of the Nigerian Code Act
Knowledge of age immaterial
Except as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this
Chapter committed with respect to a woman or girl under a specified age, that the accused person did
not know that the woman or girl was under that age or believed that she was not under that age.
Section 233A of the Nigerian Code Act
Deportation of non‐citizens of Nigeria
(1) Any person not being a citizen of Nigeria shall, upon conviction of an offence against section
219, 222A, 222B, 223, 225A, or 225B of this Code, be liable to be deported by order of the Minister, and
the provisions of the Immigration Act shall apply, mutatis mutandis, in the case of a deportation under
this section.
[L.N. 139 of 1965.1967 No. 27.1963 No.6. Cap. 11.]
(2) Where any person being a citizen of Nigeria is deported from any British possession to
Nigeria under the provisions of any law of such possession and for offences similar to the offences
contained in section 219, 222A, 222B, 223, 225A, or 225B of this Code, such person may, on arrival in
Nigeria, be kept temporarily in custody and returned under police escort to the place in Nigeria to which
such person belongs.